(A) Definition. OFF-PREMISES OUTDOOR ADVERTISING SIGN is a sign, including the supporting sign structure, which is visible from a street or highway and advertises goods or services not usually located on the premises and/or property upon which the sign is located; also called a BILLBOARD. The following shall not be considered an OFF-PREMISES SIGN for the purposes of this section:
(1) Directional or official signs authorized by law;
(2) Real estate signs; and
(3) On-premises signs (those physically located on the owner’s property).
(B) General provisions. There shall be no off-premises outdoor advertising signs within the city except as provided herein.
(C) Legal, nonconforming advertising. An off-premises, outdoor advertising sign and supporting structure which is located within the city on the date of the adoption of this section is eligible for characterization as a legal, nonconforming advertising structure and is permitted provided it also meets the following requirements.
(1) The off-premises, outdoor advertising sign and its supporting structure was, in all respects, in conformity with all applicable laws prior to the adoption of this section.
(2) The individual advertising structure has been at its particular location for the duration of its normal life, subject to customary maintenance.
(3) A pre-existing advertising structure covered by a grandfather clause which does not comply with the provisions of this chapter has the status of legally nonconforming sign.
(4) Any nonconforming sign which does not fit the definition of a legal, nonconforming sign is an unlawful sign. Subject to the provisions hereunder, a legal, nonconforming sign shall retain such status subject to normal maintenance and reduction.
(5) A legally nonconforming, off-premises, outdoor advertising sign shall immediately lose its nonconforming designation if one or more of the following conditions are met.
(a) The advertising structure is relocated.
(b) More than 60% of the complete advertising structure is destroyed or replaced.
(c) The condition under which the advertising structure was placed has expired such as the termination of its lease.
(d) The advertising structure is not kept in good repair and/or in safe condition or ceases to display advertising matter and said conditions continue for six months.
(e) The advertising structure is altered to the following extent:
1. Sign face is increased;
2. Size of the advertising structure is increased; and
3. Use changes.
(6) In order to maintain and continue a legally nonconforming advertising structure, the following conditions apply.
(a) The advertising sign structure must have been actually in existence, as distinguished from contemplated, at the time this section became effective (such as a lease or agreement with the property owner) and must continue to be lawfully maintained.
(b) If a legally nonconforming advertising structure or portion of a structure becomes physically unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt.
(c) The advertising structure must remain substantially the same as it was on the effective date with the provisions of this section as amended. Reasonable repair and maintenance of the advertising sign structure, including a change of advertising message, is not a change which would terminate nonconforming rights.
(d) The legally nonconforming advertising structure and/or sign may be sold, leased, or otherwise transferred without affecting its status, but its location may not be changed.
(e) A legally nonconforming advertising sign structure removed as a result of a right-of-way taking or for any other lawful government purpose may be relocated, as approved by the Board of Zoning Appeals but cannot be reestablished at a new location as a nonconforming use.
(f) On any legally nonconforming advertising structure or portion of a structure containing a nonconforming sign, work may be done in any period of 12-consecutive months on ordinary repairs or on repair or replacement to an extent not to exceed 10% of the annual replacement cost of the legally nonconforming advertising structure or legally nonconforming portion of the structure, whichever the case may be, provided that the sign area existing when it became legally nonconforming shall not be increased.
(g) Any and all permits issued pursuant to this chapter shall be renewed every six months on or before the anniversary date of the prior permit.
(7) As an exception, the legally nonconforming advertising structure may continue as long as it is not destroyed, abandoned, or discontinued. An exception may be made for a nonconforming advertising structure destroyed due to vandalism and other criminal or tortious acts.
(a) Any legally nonconforming advertising structure which, for a designated period of time of six months, displays obsolete advertising matter or is without advertising matter or is in need of substantial repair may constitute abandonment or discontinuance. Similarly, a nonconforming advertising structure damaged in excess of 60% of its replacement cost shall be considered destroyed.
(b) Where an existing legally nonconforming advertising structure ceases to display advertising matter for a period of six months and where new content is not put on a structure within 30 days after the passage of the designated period of time of six months, the use of the structure as a nonconforming outdoor advertising sign structure is terminated and shall constitute an abandonment or discontinuance. This established period may be waived for an involuntary discontinuance such as the closing of a local road or state highway for repair in front of the advertising sign structure.
(D) Variances.
(1) The Board of Zoning Appeals is authorized to grant variances from the exclusion of off-premises signs upon facts and circumstances as they deem appropriate on a per-application basis at a non-refundable cost based on current state-approved amounts and/or as set by City Council from time to time. Any variance granted herein shall be valid for only one year unless renewed with a non-refundable renewal fee based on current state-approved amounts and/or as set by City Council from time to time. Additionally, it is a general statement of policy that off-premises signs should not be closer to each other than 1,500 feet.
(2) Any application for a variance authorized pursuant to this division (D)(2) shall be accompanied by an INDOT permit, if the location is to be on a state highway, together with a copy of the lease from the landlord granting the applicant permission to place a sign at that particular location.
(Ord. 1545, passed 6-1-2009)